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[PDF] Summary of study into the legal liability of Dutch parent companies for subsidiaries’ involvement in violations of fundamental, internationally recognised rights

Author: Professor A.G. Castermans, Leiden Univ. & deputy judge at The Hague district court; Dr. J.A. van der Weideans and Dr. J.A. van der Weide, Leiden Univ., for Ministry of Economic Affairs of the Netherlands, Published on: 28 January 2010

This report describes the questions a Dutch civil court will ask in assessing the liability of a Dutch company for involvement in the violation of fundamental, internationally recognised rights. It focuses more specifically on the liability of a Dutch legal person for a subsidiary operating abroad, but also looks into liability for suppliers. The report was commissioned by the Minister for Foreign Trade of the Netherlands and is intended to serve as a basis for debate on:
• the conclusions of a study to be commissioned by the European Commission into the legal framework on human rights and the environment, applicable to European enterprises operating outside the EU;
• the framework put forward by [UN Special Representative] John Ruggie...
[refers to cases brought by Friends of the Earth Netherlands (Milieudefensie) & members of Nigerian Oruma community in Netherlands against Shell]

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Related companies: Shell